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  1. Today
  2. Well I did give all the information, they had NO SEARCH WARRANT they were there doing a supposed well fair check and as of now El Paso county and the state of texas has dropped their case. The federal prosecutor has alleged that the drugs were found in a locked room safe of which there was none in our room.
  3. First of all, small claims courts are civil courts. Second, without knowing the court where the case is pending, I cannot tell you anything about the significance of the case number prefix. Maybe. As I wrote when I first responded, this is likely to come down to whose testimony the judge finds more credible.
  4. Hello everybody, just a brief update. First, I met with my lawyer last week to review everything. He is confident that he can get the citations dismissed and avoid going to court, mainly because the trooper has no proof to support the citations given (except maybe for the "failure to sign registration card" citation, he took my insurance/registration cards, still don't have them back). Secondly, the vehicle that rear-ended me and caused the whole accident, his insurance company has accepted 100% responsibility. State Farm has put together their case and has a statement from the driver that was ahead of me (his statement put the driver behind me at fault for everything as well). Hopefully the insurance portion of this accident will be resolved and completed soon. Thanks again for everyone's contribution to the forum. I appreciate your feedback!
  5. I have not been charged with anything. The owner was arrested after the shooting, but I don't know what for. I say trespassing, I went through an unlocked gate of what I thought was a car lot or mechanic shop. I was wanting to see if they were selling the cars. I couldn't find anyone, I went in one of the garages unlocked doors looking for someone. When I did I saw some really cool cars inside as well, and my focus was lost on looking at them. I wasn't stealing or attempting anything else illegal. Two owners came in both carrying pistols and had 5 German Shepard following. I had no weapon, my hands were in the air and I was in no way threatening them. One armed person behind me and the shooter two feet directly in front of me. I was awake until put in ambulance. Aware that the shooter called a friend first minutes after shooting me, then as instructed on phone, called police minutes more later.
  6. No I had a friend with me that witnessed the whole thing Land owner was charged but I don't know for what, and he is a felon
  7. Last week
  8. Earlier
  9. pg1067; The prefix on the case# is MCV. Would that not be a civil suit case# ? The only written rental agreement was signed by the current tenants and the previous (now deceased) landlord. There has been no new written rental agreement between current tenants and new property owners/landlord. There has only been a verbal agreement between the current tenants and the new landlord/property owners. I am aware written agreements are the preferred method, but, when the parties and signatures on the original written rental agreement are no longer a factor, wouldn't it seem a more recent verbal agreement between all current parties involved, (owner/landlord/tenants) hold more validity?
  10. The court that entered the original divorce decree retains jurisdiction for purposes of any modifications unless both parents no longer live in California. If that happens, then the court where the payee parent and child live can assume jurisdiction for future enforcement and modifications. After you move, you should consult with a family law attorney in the Louisiana parish where your ex and child live to discuss this. California is a single jurisdiction and, as I mentioned previously, the court that entered the original decree retains jurisdiction for purposes of any future modifications as long as you remain in California. Whether you could successfully have any future petition for modification heard by a different judge isn't something I or anyone here can assess intelligently. P.S. I've used the word "jurisdiction" in two different ways in this response. One refers to a geographic area (and, in that sense, is distinguished from venue, which refers to the county or particular court within a county where the matter is heard), and the other refers to the power or authority of a court to consider certain matters.
  11. Is there a way to move to a different judge or jurisdiction within California? The DHSS group in SJC and the judge on the case seem to ignore the facts in the case.
  12. So I would have to request a change to another court of competence if I moved and sought the change? I sought modification on both her move to Louisiana and her marriage, but the San Joaquin County (CA) did not believe it was enough to modify the order, which was surprising. I enter the financial data in other state's child support guideline worksheets and what is $ 790 in CA is generally about $ 450 in other states (LA, MD, AL, CO, etc), so yes I exaggerated, it is usually only ~ %100 more expensive on the working parent (the parent with a job, my ex refuses to get a job now, and SJC CA court system was ok with that) in California vs. other states. You would think that they would take into account that she could work, the younger kids are now 11 and 9. And I also exaggerated that Louisiana is the cheapest state to live in, I am just frustrated at how the court system has handled this case. Thanks for the info.
  13. That's not even remotely accurate (at least not as a general statement). Also, I'm not sure what "the working parent" means. Also not accurate. This report and this report indicate that Louisiana is pretty close to the middle in terms of cost of living. The California child support order remains in effect until the court that entered that order or another court of competent jurisdiction changes it. Either your ex-wife's remarriage or her move to Louisiana probably was enough to seek a modification (and, certainly, both of those things together warrant a review and possible modification). If you also move out of California, then jurisdiction could be transferred to Louisiana, which would also allow for a modification. Keep in mind, however, that, if your move results in a decrease in income, the court may or may not take that into account.
  14. That's exactly right, but in the original post, it says, "I am on the Deed." That's inconsistent with buying on a land contract, so yeah, a better explanation is needed. My prior response was based on a "normal" situation in which the two of you bought the home by making a down payment and taking out a mortgage for the balance of the purchase price. I assumed that title was in both names (i.e., that both of your are "on the deed") and that both are obligated on the mortgage. However, given the comment about the home being "bought on a land contract," I'm not sure what to make of this. P.S. If you choose to clarify the situation, please also identify the state where the property is located.
  15. My Child Support amount was set in California where the pay rate is %250 higher than any other state for the working parent. My ex wife was cheating on me and decided to leave. Unfortunately I was the working parent so the two youngest of the four children went with her. The amount California set for me to pay was outrageously high and has left me totally broke. Meanwhile my ex and her new husband have moved to the cheapest state in the country to live, Louisiana, and use my child support payments to live in a new house, with new cars, etc. I need to move out of California to another state, would the jurisdiction for the child support and the support guidelines change since neither of us would be in California at that point?
  16. You need to explain a little more. Buying a property on land contract implies the purchasers are paying the owner rent with a portion of the rent applied to the purchase price. If the buyers make the entire series of payments the property is transferred. Until that point, the property remains titled to the owner. Is that what you are talking about? If so, your daughter can just stop contributing to the rent/purchase. Getting your property out may require showing up to get the property in the company of a police officer or deputy sheriff. The officer or deputy may cooperate if you indicate there will probably be a disturbance of the peace when you show up. Otherwise they will decline and say it is a civil matter and instruct you to file a court action for recovery of the property (called an action in detinue or replevin).
  17. Actually I'm asking for my daughter. The home was bought on land contract. We had to gut the home and by the time it was just a little livable we broke up and he moved in. He won't even let me come and get my things out of the garage that we stored there. So he would have to finance the home? Thank you!
  18. Once again, and hopefully for the last time, the trooper's report is irrelevant to anything. It is not evidence in the traffic or any civil suit that may arise out of the accident. Therefore, the trooper has no reason to change anything in his or her report.
  19. My student loans were placed in default status sometime after my 2014 summer online class @ Ashford University. This action was taken against me during an approved, (to my knowledge), personal leave/ break. (requested due to an extremely volatile divorce situation that was negatively affecting my classroom attendance & performance).I assume the default began in 2016 because this was when i was first notified (by a collection agency). I attempted to get in contact with ANYONE at the school, the Dept of Education, or credit bureaus, etc. The response was either "We no longer have your records dut to collections processes" - or - "lets get you out of default and get your loans rehabilitated with a payment plan". I was going to do an ibr plan and even paid one payment ....but when i read the fine print and saw that i could not dispute any of the debt once i signed....i wanted to double check the amounts... Well i found what appears to me to be fraudulent loan activity on my credit reports....so i decided i should not sign until thats resolved. I have been lied to, ignored, hung up on, and passed off so many times that i feel like a hot potato in a 3rd grade P.E. class game. I am suffering extremely undue hardships and my loan debt is multiplying out of contol and i am forced to sit and watch with no recourse & no hope for any resolution. My children are suffering...they dont even think they want to attend college now ...for fear of this happening to them... What on earth am i supposed to do! I am about ready to give up and accept whatever debt they have on my file regardless of fraud or errors because its my only hope for an end to this credit nightmare ! Please help!?!?
  20. PayrollHRGuy, thanks for your concern. I'm definitely not doing anything before discussing it with my lawyer. From day one I have never admitted fault for anything (because I didn't do anything wrong). I know very little about the legal process, but I know that everything I say can be used against me. The lawyer has reviewed and agreed to take my case, we'll meet next week to go over everything. I've given up trying to talk to the trooper that investigated the accident, he obviously doesn't want to talk. 😥 When I think of the legal system, this video came to mind. (Please watch the link if you need a good laugh.) https://www.youtube.com/watch?gl=ID&feature=plcp&hl=id&v=ljhuDeuebak
  21. Well, I had to pay (via payroll deduction) for the legal service plan. So, yes, I'm 'paying' for his services. But, likely he is not receiving his normal fee. Everyone has offered some good suggestions for circumventing the (seemingly) laziness of the attorney. Thanks! I think I will also contact the legal service plan to complain.
  22. Since the OP told us that his/her relationship with the lawyer is as a result of "a legal service plan through [the OP's] place of employment," my guess is that the OP isn't paying a nickel and that the attorney is getting a reduced, flat fee for this work. Assuming that's right, the attorney's bad attitude may be as a result of wanting to do as little work as possible so as to maximize the ratio of money earned to time spent. Not a valid excuse for doing a crappy job or having a bad attitude (if that's how the attorney is going to behave, he shouldn't be doing this sort of work), but it's likely the reason for it.
  23. I don't see a question in your post. Do you have one, or did you just post to complain (pointlessly) about the prosecutor being rude?
  24. I received a parking ticket for $38 in Rahway, NJ. However, it's not the amount that is significant. I took a pic of the sign as soon as I got to my car. The sign that was visible to me clearly stated No parking when road is snow covered (pic clearly shows no signs of snow) second sign placed directly under it states no parking this side Tues & Thur 5:30 am- 7:30 am. I parked there at 6 pm and the officer wrote the ticket at 6:02 PM. He must have just got there as I walked in the store. I went to court thinking this would be a no brainer they would see the pic and dismiss this ticket since I hadn't violated any codes. Nope. The prosecutor who was rude, nasty and just disrespectful said I will look at your little picture but after I look up the ordinances. I said okay and remained respectful because I didn't want to give him any reason to be any nastier than he was. He states well there is no parking on that street (lie #1) I live a few blocks away theres always parked cars here. I kindly remind him that I have a pic of the sign and begin to read what the signs says until he rudely interrupts me and accuses me of taking a "random pic of some sign" (verbatim) and it doesn't matter he doesn't know why that sign is there but there is an ordinance so I must pay the ticket. I said so you mean to tell me before I park somewhere I should look up ordinances to which he says yes, ignorance of the law is no excuse. I lost it at that point. I said okay reality check sir neither you nor I or anyone in this building looks uo ordnance codes before parking we look for signs which let us know whether or not we can park there. I am taking it to trial. I know this sounds dramatic but why would I pay for a ticket that I did not earn. I am pretty sure I will win I have proof of claim. I'm just not fully aware of what brining something to trial entails besides a lot of wasted time. There is no justice in our system it is all systematic to keep up down. Furious -
  25. What was they said was required in the email doesn't matter. You would need to prove that you were not properly notified that you had to send the email to be covered by the 90 day money back guarantee. My bet they will stand firm unless you actually sue them.
  26. Once the TOD's are recorded, the houses don't have to be mentioned in the will because they will no longer belong to you (your estate) at the moment of your death. By law they will automatically be owned by the transferee at that moment. I suggest you change that wording to omit "real property" and just have the will address personal property. Then, when you have signed the documents, pick them up and take them with you. Take the TOD's to the county recorder and record them yourself while you still have the will in your possession. Well, TS on him. You're paying him good money for his services. He works for you. He should be cheerfully addressing your issues. If it takes more work, you can be sure he will bill you for it.
  27. That is a very bad idea now that @AugustRush has retained a lawyer. And @AugustRush you need to stop doing anything that you don't first discuss with your lawyer.
  28. I assume you're talking about the down payment. This doesn't make a lot of sense. You're an owner of the property. You don't "get[] [your] money back" from that. This is a foreseeable consequence of buying a home with a person to whom you're not married. Unfortunately, most folks don't have the foresight to enter into a contract that dictates what happens if/when they break up. Assuming you fall into that unfortunate majority, you have three basic options: (1) move back in and exercise all of your rights as a joint owner of the property; (2) see if your ex-boyfriend will buy you out* (or you buy him out); or (3) file suit for partition (essentially a forced sale).** * -- You didn't mention anything about a mortgage on the property, but I assume one exists and that both of you are obligated on the mortgage. Correct? If so, then, if he buys you out, you need to make sure that part of that transaction involves him refinancing the mortgage in his name only. Otherwise, you'll be left obligated on the mortgage without having any ownership interest in the property. Depending on the state where the property is located, you may or may not be liable for a deficiency judgment in the event of a foreclosure, but even if you're not, your credit could suffer. ** -- Forced sales resulting from partition suits often generate sale prices that are under fair market value. The first things to be paid from any sale would be the costs of sale (including costs relating to the partition suit) and the mortgage balance. Anything remaining would be divided evenly between you and your ex-boyfriend. Without any sort of agreement between you and him at the time of purchase, there'd be no basis for you to get more than 50% of the balance, so there'd be no guarantee that you'd receive an amount equal to or greater than the down payment. In other words, a forced sale resulting from a partition suit would probably be the worst possible result to be avoided at all reasonable cost.
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